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15.440 Requirements for participation in fund distribution.
(1)
Each local unit of government which meets the following requirements shall be
eligible to share in the distribution of funds from the Law Enforcement Foundation
Program fund:
(a) Employs one (1) or more police officers;
(b) Pays every police officer at least the minimum federal wage;
(c) Maintains the minimum educational requirement of a high school degree, or
its equivalent as determined by the Kentucky Law Enforcement Council, for
employment of police officers on or after July 1, 1972, and for all sheriffs
appointed or elected on or after July 15, 1998, and all deputy sheriffs, and
state or public university police officers employed after July 15, 1998;
provided, however, that all police officers employed prior to July 1, 1972,
shall be deemed to have met the requirements of this subsection, and that all
sheriffs serving in office on July 15, 1998, all deputy sheriffs, and state or
public university police, employed prior to July 15, 1998, shall be deemed to
have met the requirements of this subsection;
(d) 1.
Requires all police officers employed on or after July 1, 1972, and all
sheriffs appointed or elected on or after July 15, 1998, and deputy
sheriffs, and state or public university police officers employed on or
after January 1, 1998, to successfully complete a basic training course of
nine hundred twenty-eight (928) hours' duration within one (1) year of
the date of employment at a school certified or recognized by the
Kentucky Law Enforcement Council, which may provide a different
number of hours of instruction as established in this paragraph. All
sheriffs serving in office on July 15, 1998, all deputy sheriffs, and state
or public university police, employed prior to January 1, 1998, shall be
deemed to have met the requirements of this subsection.
2.
As the exclusive method by which the number of hours required for
basic training courses shall be modified from that which is specifically
established by this paragraph, the council may, by the promulgation of
administrative regulations in accordance with the provisions of KRS
Chapter 13A, explicitly set the exact number of hours for basic training
at a number different from nine hundred twenty-eight (928) hours based
upon a training curriculum approved by the Kentucky Law Enforcement
Council as determined by a validated job task analysis.
3.
If the council sets an exact number of hours different from nine hundred
twenty-eight (928) in an administrative regulation as set out in this
paragraph, it shall not further change the number of hours required for
basic training without promulgating administrative regulations in
accordance with the provisions of KRS Chapter 13A.
4.
Nothing in this paragraph shall be interpreted to prevent the council
pursuant to its authority under KRS 15.330 from approving training
schools with a curriculum requiring attendance of a number of hours that
(e)
(f)
(g)
(h)
(i)
exceeds nine hundred twenty-eight (928) hours or the number of hours
established in an administrative regulation set out by subparagraphs 2.
and 3. of this paragraph. However, the training programs and schools for
the basic training of law enforcement personnel conducted by the
department pursuant to KRS 15A.070 shall not contain a curriculum that
requires attendance of a number of hours for basic training that is
different from nine hundred twenty-eight (928) hours or the number of
hours established in an administrative regulation promulgated by the
council pursuant to the provisions of KRS Chapter 13A as set out by
subparagraphs 2. and 3. of this paragraph;
Requires all police officers, whether originally employed before or after July
1, 1972, and all sheriffs appointed or elected before, on, or after July 15, 1998,
and all deputy sheriffs and state or public police officers employed before, on,
or after July 15, 1998, to successfully complete each calendar year an inservice training course, appropriate to the officer's rank and responsibility and
the size and location of his department, of forty (40) hours' duration, of which
the number of hours shall not be changed by the council, at a school certified
or recognized by the Kentucky Law Enforcement Council. This requirement
shall be waived for the period of time that a peace officer is serving on active
duty in the United States Armed Forces. This waiver shall be retroactive for
peace officers from the date of September 11, 2001;
Requires compliance with all provisions of law applicable to local police,
state or public university police, or sheriffs and their deputies, including
transmission of data to the centralized criminal history record information
system as required by KRS 17.150;
Requires compliance with all reasonable rules and regulations, appropriate to
the size and location of the local police department, state or public university
police department, or sheriff's office, issued by the Justice and Public Safety
Cabinet to facilitate the administration of the fund and further the purposes of
KRS 15.410 to 15.510;
Possesses a written policy and procedures manual related to domestic violence
for law enforcement agencies that meets the standards set forth by, and has
been approved by, the Justice and Public Safety Cabinet. The policy shall
comply with the provisions of KRS 403.715 to 403.785. The policy shall
include purpose statements; definitions; supervisory responsibilities;
procedures for twenty-four (24) hour access to protective orders; procedures
for enforcement of court orders or relief when protective orders are violated;
procedures for timely and contemporaneous reporting of adult abuse and
domestic violence to the Cabinet for Families and Children, Department for
Community Based Services; victim rights, assistance, and service
responsibilities; and duties related to timely completion of records; and
Possesses by January 1, 2017, a written policy and procedures manual related
to sexual assault examinations that meets the standards set forth by, and has
been approved by, the Justice and Public Safety Cabinet, and which includes:
1.
(2)
(3)
(4)
A requirement that evidence collected as a result of an examination
performed under KRS 216B.400 be taken into custody within five (5)
days of notice from the collecting facility that the evidence is available
for retrieval;
2.
A requirement that evidence received from a collecting facility relating
to an incident which occurred outside the jurisdiction of the department
be transmitted to a department with jurisdiction within ten (10) days of
its receipt by the department;
3.
A requirement that all evidence retrieved from a collecting facility under
this paragraph be transmitted to the Department of Kentucky State
Police forensic laboratory within thirty (30) days of its receipt by the
department;
4.
A requirement that a suspect standard, if available, be transmitted to the
Department of Kentucky State Police forensic laboratory with the
evidence received from a collecting facility; and
5.
A process for notifying the victim from whom the evidence was
collected of the progress of the testing, whether the testing resulted in a
match to other DNA samples, and if the evidence is to be destroyed. The
policy may include provisions for delaying notice until a suspect is
apprehended or the office of the Commonwealth's attorney consents to
the notification, but shall not automatically require the disclosure of the
identity of any person to whom the evidence matched.
No local unit of government which meets the criteria of this section shall be eligible
to continue sharing in the distribution of funds from the Law Enforcement
Foundation Program fund unless the local police department, state or public
university police department, or sheriff's office actually begins and continues to
comply with the requirements of this section; provided, further, that no local unit
shall be eligible to share in the distribution of funds from the Law Enforcement
Foundation Program fund until the local police department, state or public
university police department, or sheriff's office has substantially complied with
subsection (1)(f) and (g) of this section.
A sheriff's office shall not lose eligibility to share in the distribution of funds from
the Law Enforcement Foundation Program fund if the sheriff does not participate in
the Law Enforcement Foundation Program fund.
Failure to meet a deadline established in a policy adopted pursuant to subsection
(1)(i) of this section for the retrieval or submission of evidence shall not be a basis
for a dismissal of a criminal action or a bar to the admissibility of the evidence in a
criminal action.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 58, sec. 2, effective April 8, 2016; and ch. 112,
sec. 2, effective July 15, 2016. -- Amended 2007 Ky. Acts ch. 85, sec. 23, effective
June 26, 2007. -- Amended 2003 Ky. Acts ch. 106, sec. 2, effective June 24, 2003. -Amended 2002 Ky. Acts ch. 137, sec. 1, effective July 15, 2002. -- Amended 2000
Ky. Acts ch. 480, sec. 9, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 244,
sec. 2, effective July 15, 1998; ch. 510, sec. 2, effective July 15, 1998; and ch. 606,
sec. 120, effective July 15, 1998. -- Amended 1976 Ky. Acts ch. 105, sec. 1. -Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(10). -- Created 1972 Ky. Acts ch. 71,
sec. 4.
Legislative Research Commission Note (7/15/2016). This statute was amended by 2016
Ky. Acts chs. 58 and 112, which do not appear to be in conflict and have been
codified together.
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